DETAILED ACTION
This office action is a response to 6/20/2024.
Claims 21-40 are pending.
Claims 21-40 are rejected.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/20/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-15, 20-21, and 24 of U.S. Patent No. US 12052595 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding Claims 21, 33, and 40, the issued patent discloses a user equipment (UE) for wireless communication, comprising: one or more memories; and one or more processors, coupled to the one or more memories, configured to: transmit capability information identifying a supported maximum total number of measurement resources configured to measure within a slot based at least in part on a rule, wherein the rule indicates how to count a measurement resource configured for multiple measurement usages, and wherein the rule indicates to: count the measurement resource for a first set of measurement usages that include beam failure detection (BFD) and radio link management (RLM), and count the measurement resource for a second set of measurement usages that include layer 1 reference signal received power (L1-RSRP) and layer 1 signal to interference plus noise ratio (L1-SINR); and receive, based at least in part on the capability information and the rule, one or more measurement configurations (see claim 1; claims 13 and 24 reciting similar features).
Regarding Claim 22, the issued patent discloses wherein the one or more processors are further configured to: determine the supported maximum total number of measurement resources configured to measure within the slot based at least in part on the rule (see claim 2).
Regarding Claim 23 and 34, the issued patent discloses wherein the rule indicates to count the measurement resource once for all measurement usages that are not associated with a configured channel state information report setting, and once per measurement usage that is associated with the configured channel state information report setting (see claim 3; claim 14 reciting similar features).
Regarding Claims 24 and 35, the issued patent discloses wherein the rule indicates to count the measurement resource once per measurement usage that is not associated with a configured channel state information report setting, and once for all measurement usages that are associated with the configured channel state information report setting (see claim 4; claim 15 reciting similar features).
Regarding Claims 25, 26, 36, and 37, the issued patent discloses wherein the rule indicates to count the measurement resource once for the first set of measurement usages configured for the measurement resource, and once for the second set of measurement usages configured for the measurement resource (see claim 6).
Regarding Claim 27, the issued patent discloses wherein the supported maximum total number of measurement resources configured to measure within the slot is based at least in part on unique resource identifiers, wherein each of the measurement resources is associated with a unique resource identifier (see claim 7).
Regarding Claim 28, the issued patent discloses wherein the supported maximum total number of measurement resources configured to measure within the slot is based at least in part on unique resource occurrences, wherein each of the measurement resources is associated with a unique resource occurrence (see claim 8).
Regarding Claim 29, the issued patent discloses wherein a measurement usage, of the multiple measurement usages, comprises: L1-RSRP measurement, L1-SINR measurement, pathloss measurement, BFD, RLM, new beam identification, or some combination thereof (see claim 9).
Regarding Claim 30, the issued patent discloses wherein the measurement resource comprises: a synchronization signal block resource, a channel state information reference signal resource, a channel state information interference measurement resource, or some combination thereof (see claim 10).
Regarding Claim 31 and 38, the issued patent discloses wherein the supported maximum total number of measurement resources configured to measure within the slot is across all component carriers in a frequency range usable by the UE (see claim 11; claim 20 reciting similar features).
Regarding Claim 32 and 39, the issued patent discloses wherein the supported maximum total number of measurement resources configured to measure within the slot is across all component carriers in all frequency ranges usable by the UE (see claim 12; claim 21 reciting similar features).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Li et al. US 20260045990 A1
Sun et al. US 20230016376 A1
Sun et al. US 20230361967 A1
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/Y.K./ Examiner, Art Unit 2465
/GARY MUI/ Supervisory Patent Examiner, Art Unit 2465
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